Lucerne Valley Economic Development Association

(LVEDA)

And

Land Use Advisory Committee

(LUAC to the Lucerne Valley Municipal Advisory Council)

 

Permit Processing Issues

(with follow-up comments from Chuck’s & Richard’s meeting with county personnel Robert Eland First District Field Rep, Julie Rynerson-Rock Director of LUSD, Jim Squire Advanced Planning, Terrie S. Williams Public Health Program Manager, Michael Farrell Supervising Environmental Health Specialist and Douglas Crawford Planning & Engineering Supervisor County Fire Protection District on August 19, 2009 at the First District’s Supervisor’s office in Hesperia)

 

The following is a discussion of issues that LVEDA and LUAC have observed as problems with the processing of planning and/or building permits in the County of San Bernardino. This outline has been divided into sections that relate to either code, permitting and applicant issues. This information has been complied through public and private input from the community and business owners that have to deal with the county’s permitting procedures and deals more with commercial and industrial than with residential. LVEDA and LUAC have put this information together in an attempt to draw attention to problems for the rural development community of Lucerne Valley. We would anticipate that these same issues hold for other rural communities in the county as well.

 

DEVELOPMENT CODE ISSUES:

A.    Infrastructure Requirements:

The current Development Code (April 2007) has been stripped of the Improvement Levels from the previous General Plan, which offered some rural infrastructure requirements (IL-4 & IL-5), which gave rural communities a break from the more rigid urban type requirements. The current code’s infrastructure requirements are the same now for any commercial zone development without regard to community type and location.

Discussion:

On-site paving requirements are a problem for rural areas due to the concentration of run-off that has to be addressed by the Strom Water Pollution Prevention Plan.  This run-off could be minimized by some pervious surfacing for on-site parking like gravel. The old IL-4 & 5 requirements helped mitigate some of this. This could be a standard for smaller projects under 10,000 square-foot buildings as an example. The off-site improvements can be very expensive for a small commercial project especially when on a state highway.

Follow-up:

STANDARDS THAT WERE IN THE GENERAL PLAN ARE NOW IN CODE.  NOW MORE VISIBLE AND APPLICABLE - AND MORE SUBJECT TO INTERPRETATION. (CB)

IN GENERAL, WE GOT THE IMPRESSION THAT THESE REPS ARE IN FAVOR OF RELAXING STANDARDS TO BRING BACK SOME RURAL STANDARDS AND JULIE AND JIM EVEN SUGGESTED THAT THE DEVELOPMENT CODE TO INCORPORATE THIS (SIMILAR TO THE TABLES OR VIA A NEW CHAPTER). WE DIDN’T GET THE IMPRESSION THAT THIS WILL BE DONE SOON. (RS)

 

B.      Rural Standards:

The current development code doesn’t differentiate rural from urban other than the zoning district of Rural Commercial (CR), which was created under the old code, which at the time did have the rural improvement levels to consider.

Discussion:

Since the CR LUD does allow for a broader range of commercial uses than the other more urban commercial districts allow, we believe that this is attributed to the rural nature of these communities like Lucerne Valley. So the development standards need to fit the community. To keep a balance so as to not relax standards too much, commercial and industrial zoned parcels should be kept large with low density requirements. Seldom do you see a larger facility being built in these rural communities. It’s always the mom and pop type small businesses that build these communities. We need a new chapter or section in the development code to address the requirements for small businesses in rural communities.

FOLLOW-UP:

PLANNING CONSIDERING “LOW IMPACT STDS.” – MAYBE BRING BACK “IMPROVEMENT LEVEL” CONCEPT.  DO WE WANT A “TIGHT CODE” VS. LOOSER TO ALLOW INTERPRETATIONS? (CB)

DIDN’T FEEL THAT THE COUNTY REPS WERE READY TO INITIATE ANYTHING ALONG THESE SUGGESTIONS. (RS)

 

C.    Code Amendments:

Since this discussion may eventually lead to the topic of how and whom shall initiate rural standards, it’s a good idea to rely on the county for direction here.

Discussion:

How could these rural standards be implemented? Usually it’s a Development Code Amendment type of application for the public to initiate when the public wants to make a revision or add something to the code.  It would seem that the county can initiate these standards in the same manner as advanced planning is handling the current development code updates at this time. We believe that the new development code left out these standards. After all, rural standards were a consideration back when the code was going through its restructuring.

FOLLOW-UP:

THE 4TH SET OF CODE AMENDMENTS IS NOW GOING BEFORE THE BD. OF SUPS.  MORE TO FOLLOW. (CB)

COUNTY REPS SEEMED OPEN TO INCORPORATING SOME CHANGES THROUGH THE UPDATING PROCESS. DIDN’T OFFER ANYTHING AT THIS TIME. THEY MUST BE TAKING THIS INTO CONSIDERAQTION. (RS)

 

D.    Use Permits:

The development code sets out which applications shall be used for what types of project proposals. Most common for commercial development is the Minor Use Permit or the Conditional Use Permit.

Discussion:

It would seem that if some rural standards could be established, which would be based around a smaller business model, and then the planning use permit process could be made simpler, and less costly. Part of the rural development problem is the enormous cost to develop a small project when the development standards are the same for the little guy as they are for the big-box builder. We think that a Site Plan Permit type of application could be used for this. We understand that it would mean that the county will have to get CALTRANS to get on board in regards to their highway standards but that doesn’t seem to be such a hard issue when they already have basic two-lane highway standards established.

FOLLOW-UP:

NOT SPECIFICALLY DISCUSSED – BUT SHOULD CONSIDER? (CB)

WE TOUCHED ON THIS IN A ROUND ABOUT WAY THROUGH SOME MORE GENERALIZED DISCUSSION BUT STAFF DIDN’T OFFER ANY SOLUTIONS HERE. (RS)

 

E.      County Departments Consolidation:

The need to have all county agencies that impact a project to be readily available is extremely important.

Discussion:

We hear it all the time; applicants complain about all the different agencies that they have to satisfy, or jump through hoops with, to get a “sign-off” so they can get their building permit. We understand that Supervisor Mitzelfelt has been pushing for a new government center that will be built in Hesperia. This is a good step the right direction but it will not help if it means that it’s business as usual but in new digs. We need more agencies to be represented in the high desert. It might also be good to take a look at how the planning process operates with the current de-centralized manner that the process now takes.

FOLLOW-UP:

NEW COUNTY GOV. CENTER IN HESPERIA WILL HOUSE ALL DEPTS. – ALL PROCESSING DONE THERE.  (FOR NOW – JULIE IS THE “COORDINATOR” – OK TO DIRECTLY CONTACT WITH PROBLEMS). AN IN-HOUSE “ADVOCATE” NOT LIKELY – BUT MORE STAFF TRAINING AND MGT. SHOULD HELP? PER JULIE:  NEED “COMMON SENSE” AND “PUBLIC SERVICE” AVAILABLE AT THE COUNTER. (CB)

THAT SUMS IT UP! (RS)

 

 

F.      Code Interpretation:

The development code leaves much too discretionary interpretation. It appears that the code leaves too many loopholes, which are hard to identify until the time comes when an applicant has an issue that tests it. Look at the current “Agri-tourism” definition and requirements for example. There is a current application for a Guest ranch in Lucerne Valley that has been subjected to a code amendment application because his uses aren’t covered adequately.

Discussion:

It appears that the code needs to close the loopholes and better define uses and how they can be developed. Just when you think it’s all covered, somebody comes along to challenge the text. Do you know that we can’t find parking requirements for museums. We needed an interpretation for this one. Maybe the code needs to cover more types of uses instead of lumping similar uses in with those that are defined. It’s also a problem when the code is inconsistently interpreted between different department personnel.

FOLLOW-UP:

HERE IS WHERE JULIE COMMENTED ON THAT THE CODE SHOULDN’T BE TOO TIGHTLY WRITTEN, ALLTHOUGH I DON’T QUIT AGREE WITH THAT! DID CONCEDE THAT THIS IS A PROBLEM AND HAS BEEN THROUGH THE YEARS WITH PERSONNEL CHANGES, ETC. JULIE IS PUSHING FOR MORE “COMMON SENSE” TO BE USED WHEN INTERPRETATIONS ARE NEEDED. (RS)

 

APPLICATION PROCESS ISSUES:

A.    Pre-application Conferences:

The county has a process for pre-application. There are two applications, “Pre-Application Conference” and “Pre-Application Development Review”. The former is a $1225 fee and the later is a $4000 fee.

Discussion:

These two applications virtually use the same submittal lists, which is confusing. The former application should be one of lesser submittal requirements so as to review potential projects, to help an applicant better decide the validity of the proposal.  We believe that this is the purpose of the former application. The later application, we believe, would be for a more complicated project. If this is correct, then more information and planning needs to be done for the process. Also, the DRC used to be a process that accomplished the same thing but today it’s only used to review Parcel Maps during the process. We think that the DRC process should be expanded to include all types of projects to give the applicant the opportunity to meet with all department representatives to get all the marbles on the table long before the process gets too deep. This could help save applicants a lot of investment if the development conditions are getting to be too overwhelming.

FOLLOW-UP:

PLANNING TO REVIEW PRE-AP OPTIONS.  CURRENT SYSTEM PROVIDES THIS OPPORTUNITY – BUT AT COST????? CONCIDER AN APPLICANT OPTION TO PROVIDE A “MOU” TO ASSURE CONCURRENCE WITH ISSUES DISCUSSED – AS LONG AS THE FULL PROJECT DESCRIPTION IS PROVIDED UP-FRONT TO PLANNING? (CB)

JULIE SEEMED OPEN TO USING DRC AS AN OPEN FORUM. THEY SEEMED INTERESTED IN THE TOWN OF APPLE VALLEY’S “DESIGN ADVISORY BORADS’S” (DAB) PROCESS AS WELL AS HESPERIA’S DRC PROCESS BUT NO OFFER OF RESOLUTION. (RS)

 

B.      Accountability:

This discussion focuses on not only cost accounting transparency but personal accountability of the interaction by staff with the applicant.

Discussion:

It has been brought to our attention that some applicants feel that the cost of the process hasn’t all together been fair. When one Lucerne Valley applicant was requested to deposit more money towards her Minor Use Permit, she then asked for an accounting, and then discovered costs for training attributed to her account. This was a furious applicant. Also, there needs to be better follow-thru on phone conversations between staff and the applicants. A quick “OK” over the phone needs to be followed-up with the proper documentation so that the decision will stay. In today’s business climate it is important, and expected, that accountability is up front and not something that the applicant has to discover. Current planning has usually been pretty good about this but only when requested by the applicant. Also, when a planner goes on vacation, the applicant needs to have a temporary contact to maintain consistency with the process. And lastly, the case planner needs to visit his/her projects sites to get a feel for the real conditions. We believe that this is being done but it’s important to emphasize.

FOLLOW-UP:

BUDGETS OF EHS/BUILDING-SAFETY/CURRENT PLANNING (NOT ADVANCED PLANNING) ARE ENTIRELY FEE BASED – CREATING PROBLEM OF STAFF NEEDING TO CHARGE ITS TIME TO SPECIFIC PROJECTS – OR INFLATE PERMIT FEES TO COVER SAID COSTS – DILUTING ABILITY TO WORK WITH THE PUBLIC PRIOR TO APPLICATIONS.  WE ALL AGREED THAT CURRENT PLANNING SHOULD HAVE ACCESS TO THE GENERAL FUND TO FULFILL ITS “PUBLIC” RESPONSIBILITIES.  SPECIFIC EXAMPLE CITED OF AN APPLICANT’S PROJECT BEING BILLED FOR “STAFF TRAINING”.

PLANNERS “DO” VISIT SITE PRIOR TO PROCESSING APPLICATIONS.  EHS GOES TO SITE WHEN NECESSARY.  NOT SURE ABOUT FIRE??? (CB)

AS FAR AS THE PHONE “OK’S”, JULIE AGAIN BRINGS UP THE “COMMON SENSE” ISSUE. NO REAL COMMENT HERE. (RS)

 

C.    Process Time Frame:

When planning applications are filed the first question from the applicant is “how long will this take”.  Time studies seem to be lacking as a tool for this question.

Discussion:

More often than not, the process ends up taking twice, or more, longer that expressed at the counter the day the applicant filed the project. We understand that when projects are on state highways that CALTRANS is involved and this is one area that really needs to be improved. CALTRANS can take up to 6 months to review a planning application and feed back to the case planner the required conditions. Of all agencies you would think that this one would be one of the most efficient. Since they are only concerned with roads, it should be a quick and simple matter to establish their requirements and feed this back to the planner. We would suggest that the county try to work with CALTARNS to help close this gap. With this being said, the county process still seems to be bogged-down within its own departments. The planner waiting for comments from the others to eventually establishing the ultimate “Conditions of Approval” We believe that the county could do a better job in this area. We don’t have the answers but I’m sure someone in the process line might have some good suggestions.

FOLLOW-UP:

ACKNOWLEDGED AS MAJOR PROBLEM – BUT APPLICANT’S NEED TO PROVIDE FULL PROJECT DETAIL UP-FRONT.  SUBSEQUENT CHANGES ONLY PROLONG THE PROCESS – BUT SOME ARE REQUIRED DUE TO DEPT. STIPULATIONS REVEALED LATER IN PROCESS (IE: CALTRANS AND FIRE).

COUNTY HAS SAME PROBLEMS WE DO.  ROBERT SENDING OUR LIST TO LAURIE HUNTER (FIRST DIST. REP. HANDLING CALTRANS ISSUES).  CONSIDER A MOU WITH CALTRANS RE: HWYS 18/247 STANDARDS/IMPROVEMENTS REQUIRED FOR COMMERCIAL DEVELOPMENT?  CALTRANS NEEDS A PUBLIC ADVISOR FORUM TO EXPEDITE RESPONSES TO APPLICATIONS FILED WITH COUNTY. (CB)

 IT MAYBE A GOOD IDEA TO TRY TO MEET WITH THEM SEPARATELY. (RS)

 

CONDITIONS OF APPROVAL AND THE RESULTING EFFECTS:

A.    All projects go through the same basic process to ultimately establish the conditions from all departments for obtaining building and/or grading permits or map recording. These conditions have a “make or break” effect on the outcome of the project, the viability of the project.

Discussion:

A Minor Subdivision can end up costing so much in meeting conditions that the entitlement ends up being more than the value of the rural land to begin with. Certain requirements should be deferred to the time when an owner is ready to pull building permits, like percolation tests, roads improvement, etc. This affects parcel maps more than actual developments. Possibly some improvements for rural development of commercial and industrial uses could be bonded for future development. And, again, some rural standards should be established, (like the old IL), to help relieve development costs in these generally poorer communities. Gravel parking areas for better on-site percolation helps with the storm water run-off instead of the current required paved parking requirements. Also, small projects should be relieved of most off-site improvement conditions due to the large percentage of project cost that results from this. Certainly a weekend farmers market shouldn’t have to make major improvements to the state highway. This all boils down to a need for rural development standards.

FOLLOW-UP:

THIS DISCUSSION GOT PASSED-UP SINCE NO ONE FROM PUBLIC WORKS OR LAND DEVELOPMENT-ENGINEERING WAS PRESENT. (RS)

 

BUILDING DEPARTMENT AND CODE ENFORCEMENT ISSUES:

A.    Code Enforcement:

The community expects that Code Enforcement will investigate complaints and follow-up through to a resolution.

Discussion:

It appears that in the past Code Enforcement hasn’t been able to follow-up on all complaints to a point to see if a violation has occurred and then to resolution. Also, there has been some fuzzy interpretation of the site clearing issue, is it “grading” or not. Does the Building Department have jurisdiction or not. Was the Development Code clear on this or not. Recently there have been some land clearing done in Lucerne Valley on a large scale (many acres) that have the effect of creating fugitive dust. These instances have been complained about to Code Enforcement, but it was a year ago. So now, in one case, there is a planning application on file for an 80-acre project in the north valley. We have requested some mitigation be done but we are not clear if the development Code properly addresses this instance and it may leave it up to interpretation for the final answer. We would expect that this be more clearly defined by the Development Code. We would expect the Building Department to take a stronger position on this issue with possible fine. Pre-clearing land before filing an application will eliminate the need for the biological survey and the need to address the endangered species issues. It now seems more profitable to do the deed and then deal with the consequences later. It may be better to give Code Enforcement more power over these conditions since some of these infractions may not involve a building or grading permit. It’s also a problem when the community doesn’t know what the rules are about land clearing. Most don’t know that you can only clear up to an acre and it’s very common to see a lot more acres cleared, then, we have the dust issue.

FOLLOW-UP:

COUNTY AGREES THESE ARE PROBLEMS.  FOR IMMEDIATE RESTITUTION- WE SUGGEST REQUIRING WETTING DOWN ILLEGALLY GRADED/DE-BRUSHED PARCELS WITH A WATER TRUCK IF IRRIGATION IS NOT AVAILABLE – PLUS A FINE TO COVER STAFF ENFORCEMENT TIME.  COUNTY’S PENDING “ADMIN. PROCESS” (IN LIEU OF TIME-CONSUMING COURT ACTION) MAY EXPEDITE SUCH ENFORCEMENT. (WE WILL SEE IF IT WORKS). (CB)

CODE ENFORCEMENT NOR BUILDING DEPARTMENT WERE PRESENT SO THIS IS AS FAR AS THE DISCUSSION WENT! (RS)

 

 

 

 

FIRE DEPARTMENT CONDITIONS:

A.    Commercial vs. Residential Requirements:

When filing a use permit of any type, the Fire Department has a review fee to pay on top of the planning deposit and the health department fee.

Discussion:

When Mr. Squire attended the June LVEDA meeting and the topic was brought up, he admitted to being surprised that upwards of a $2100 additional fee would have to be paid to the Fire Department to review a Minor Use Permit application. He thought that the planning deposit was supposed to cover this. It may be that the Fire Department has to cover their own costs this way but it doesn’t seem that the fees charged by them is proportionally fair to the work they put into reviewing the project. The resulting conditions always seem to be boiler-plate in nature and not very specific to the type of project, especially in Lucerne Valley. We believe that the fire agency should be taking a closer look at the project, the community, the infrastructure (or lack of) and give the applicant a better feel for what he/she is in for to meet Fire Code requirements.

FOLLOW-UP:

DOUG CRAWFORD WAS SYMPATHETIC TO THIS CONCERN BUT THAT WAS ABOUT ALL. THERE WAS NO REAL DISCUSSION ABOUT THE FEE ISSUE SINCE THAT IS THE WAY IT IS. DOUG DID RECOGNIZE THE CONCERNS. (RS)

 

ENVIRONMENTAL HEALTH SEVICES:

A.    Conditions of Approval:

EHS gets to input into all projects conditions as like other agencies but in many instances the conditions don’t seem to fit the use.

Discussion:

Again, we see boiler-plate conditions established that may not apply to the project and take up a lot of extra time by the applicant to prove that a certain condition doesn’t apply to his/her project. Also, timing of when something is needed is important, like when do you really need a percolation test. Some locations shouldn’t need this at all if previous tests have been made in the past and an engineer can qualify a parcel with the previous established testing and /or systems that exist in the area. Again, rural standards could adopt this type of policy.

FOLLOW-UP:

TERRIE SEEMED INTERESTED IN THIS ISSUE AND ACKNOWLEDGED THAT SOME PROBLEMS EXIST IN THE DEPARTMENT. NO RESOLUTION OFFERED. (RS)

B.      Hauled Water:

It appears that EHS doesn’t want people living on hauled water anymore.

Discussion:

We hear that people can’t get a building permit because their property is in an area where they need hauled water. Some areas of the desert are not compatible to drill water wells (bad water or no supply) so they are denied the use of their property because hauled water is not allowed. A citizen of this country shouldn’t be refused the right to occupy his land just because water isn’t present or it’s too bad to utilize. This seems to border a constitutional issue of property rights. There are plenty of qualified potable water haulers available in most rural communities to fill the need for water.

FOLLOW-UP:

NOT MANDATED BY STATE – WHICH ONLY ENFORCES “LEGAL WATER HAULING”.  THIS IS STRICTLY A COUNTY POLICY.  DOES NOT APPLY TO EXISTING DWELLINGS OR IMPROVEMENTS – BUT APPLIES TO ALL NEW DEVELOPMENT – EVEN IN RC ZONING WITH ITS MIN. 40 ACRE PARCEL SIZE – WHETHER OVERLYING GROUNDWATER OR NOT – WITH QUALITY NOT A CONSIDERATION.  EHS SITED A RECENT SITUATION:  A BUILDER SPENT TOO MUCH $ ON HOUSE – COULDN’T AFFORD A WELL – WANTED HAULED WATER EVEN THOUGH GROUNDWATER WAS AVAILABLE.  (IN THIS CASE – IT MIGHT BE REASONABLE TO REQUIRE A WELL). 

 

(OUR POSITION):  IN INSTANCES WHERE  GROUNDWATER IS NOT AVAILABLE – OR ITS QUALITY UNACCEPTABLE FOR DOMESTIC USES – HAULING SHOULD BE ALLOWED WITH STIPULATION REQUIRING “LEGAL HAULER”. BOTTOM-LINE:  THE COUNTY ALLOWS A RESIDENCE – EVEN IN REMOTE RC ZONING.  LANDOWNERS PURCHASED SAID LAND ACCORDINGLY.  A RESIDENCE REQUIRES WATER.  TO WITHHOLD A BUILDING PERMIT OR PROHIBIT HAULING DENIES SAID OWNER THE “RIGHT” TO BUILD ON LAND WHICH PERMITS IT.  THIS IS NOT ONLY A “CATCH 22” ISSUE – BUT A CONSTITUTIONAL ONE AS WELL.   

 

THE FIRST AND THIRD DISTRICTS NEED TO GET THIS POLCIY RESCINDED – WITH CLARIFICATION RE: WHEN AND WHEN NOT ALLOWED!  IF AN AFFADAVIT FROM A LICENSED HYDROLOGIST – OR CURRENT EMPIRICAL KNOWLEDGE - INDICATES THE ABSENCE OR POOR QUALITY OF UNDERLYING GROUNDWATER – HAULING MUST BE ALLOWED. (CB)

THAT SAYS IT!! (RS)

 

CALTRANS:

A.    Policies for state highways:

The rural communities have always struggled when dealing with this great big state agency.

Discussion:

It should be apparently clear as to what conditions a project proponent can expect when it comes to highway improvement. The folks at CALTRANS may say that they are available to discuss your project but more times than not, they are not really available. You are lucky to catch them when you are there. Communities should know what CALTRANS has in store, planning-wise, for the state highways that traverse their town. In Lucerne Valley we’ve wanted to know exactly how many lanes are planned for highway 18 through town. It appears since our town’s highways are only two lanes without curbs and gutters that CALTRANS sees it as a rural community. Then the required street improvements should be reflected by rural standards as well. We also would like to see CALTRANS be more accountable to the rural communities. It takes a strong effort by members of the community to pin-down CALTRANS to find what road projects are planned and especially when we can expect these projects to happen if they aren’t playing musical chairs or otherwise on vacation.

FOLLOW-UP:

SEE PAGE 5, ITEM C. PROCESS TIME FRAME:

FOLLOW-UP DISCUSSION. (RS)

 

PUBLIC ADVOCATE:

A.    There appears to be a need for the public to gain help with the application process since it has become so drawn-out a more complicated than what the average citizen can comprehend.

Discussion:

It has recommended that a Public Advocate be established to help applicants work with the county through the application process. This may not be needed when an applicant is a planning and/or design professional, or represented by one, but many times people will prepare and submit their own applications. The application may make it through acceptance but usually much information is missing or at least lack clarity. This may aid in a smoother process when the applicant has someone on his/her side that understands the process and issues.

FOLLOW-UP:

WHEN THIS ITEM CAME UP, JULIE CAME BACK WITH “CALL ME” AND PASSED OUT HER CARD. SO, IN FACT, SHE WILL BE THE ADVOCATE. (RS)

 

ENVIRONMENTAL ISSUES:

A.    Biological Issues:

One of the largest issues to deal with is the endangered wildlife habitat issues, especially the Mojave Ground Squirrel in the high desert. Some areas have to deal with the Desert Tortoise as well as other creatures.

Discussion:

We feel that the county could help the communities by further establishing the Mojave Ground Squirrel habitat by preparing some trappings to see if they really exist. Recently, we obtained a new map from the “West Mojave Plan” and we see that Lucerne Valley has an expanded area for the MGS that what was previously established. There seems to be some discord between the county and the state agencies in regards to when (what size project) we need to address the endangered species. It may take some difficult negotiations with the State Fish and Game people to simplify this issue. Of course, we understand that the Acts must be adhered to. Development really needs help here.

FOLLOW-UP:

AT VERY LEAST – COUNTY/BIA/ETC. NEED TO FORCE THE ISSUE – IE: A SPRING TRAPPING PROGRAM IN KEY AREAS OF THE MOST SUITABLE HABITATS WITHIN THE SOUTHEASTERN FRINGES OF DFG’S RANGE MAPS.  IF NOT FOUND – “NOT HERE”.  PER JULIE: COULD BE HANDLED VIA EIR ON COUNTY’S IMPLEMENTATION OF WEST MOJAVE PLAN. (CB)

I THOUGHT THAT JULIE WAS REALLY TRYING TO GET A HANDLE ON THIS BY HER SUGESTION. HOPE IT WILL WORK. (RS)

 

 

ADDITIONAL TOPICS:

The following are additional topics that had risen during this discussion with LVEDA and LUAC but are included as bullet points for further discussion;

·        Have professional planning consultant (entity) perform an auditing of the application process.

NOT DISCUSSED AND NOT LIKELY?  BEING DONE INTERNALLY NOW. (CB)

·        Legal vs. physical access; we see that the Building Department is going to initiate an informal (not recorded) agreement with building permit applicants regarding status of legal, or not access, to be on file. This mostly affects residential permits. This is a step in the right direction but we are concerned that the “agreement” will be lost in the files when years pass by and the property affected changes ownership. Should this be a more formal recorded document?

IF APPLICANT CAN ONLY SHOW “PHYSICAL” ACCESS - COUNTY TO REQUIRE DEED RECORDINGS ON PARCELS WITH NO “LEGAL” ACCESS.  (CONSISTENT WITH OUR REQUEST AND ONLY REASONABLE ALTERNATIVE TO REQUIRING “LEGAL” ACCESS). (CB)

·        Possible fee reduction for tax producing projects like some commercial and industrial uses.

NOT DISCUSSED. (RS)

·        Off-site sign regulations; too many local signs being posted off-site for various reasons. Is this a code enforcement issue?

REQUIRES COMPLAINT FOR EACH SIGN.  NO MORE COMMUNITY “SWEEPS” FOR CODE VIOLATIONS. (CB)

·        Question about the requirement of Temporary Special Event permits in county parks.

PERMITS REQUIRED WHEN NOT IN REGIONAL PARKS AND MAYBE WHEN IN REGIONAL PARKS DEPENDING ON TYPE OF EVENT. COUNTY LIKES COMMUNITY EVENTS AND WILL ALLOW EASIER PERMIT PROCESS FOR THESE TYPES OF ACTIVITIES. (RS)

·        Percolation tests being required for properties with adjacent or near studies having already been done. Is this really needed?

EHS ADAMANT ABOUT REQUIRING PERC. TESTS AT SUBDIVISION STAGE TO ASSURE A SEPTIC SYSTEM WILL FUNCTION – EVEN IN SOIL TYPES AND LOCATIONS WHERE SYSTEMS HAVE HISTORICALLY WORKED.  (WOULD USE OF SOIL MAPS SUFFICE FOR MOST AREAS IN DESERT?).  EHS DOES NOT REQUIRE PERC. TESTS FOR PARCELS 10 ACRES OR LARGER.  PARTICULAR EMPHASIS IN MOUNTAIN COMMUNITIES WHERE SOILS MAY NOT ALLOW SUFFICIENT LEACHING. (CB)

 

 

 

 

 

 

 

 

 

TOPICS DISCUSSED AT THE MEETING THAT WERE NOT IN THE DISCUSSION LIST:

·        A Minor Subdivision costs almost as much as most rural land is worth.

Subdivision FEES NOT LIKELY TO BE REDUCED.  NOT RESOLVED IS THE REQUIREMENT FOR LAND-DISTURBING INFRASTRUCTURE AND ROADS, ETC. LONG BEFORE DEVELOPMENT OCCURS.(CB)

·        Commercial vs. residential requirements.

SPRINKLERS REQUIRED FOR ALL NEW COMMERCIAL AND RES. DEV. PER FIRE CODE – EVEN IN AREAS WITH WATER PURVEYORS. (NOT ALWAYS REASONABLE FOR RURAL AREAS – BUT DO WE PURSUE ALTERNATIVES?). NEED “COMPLETE” APPLICATIONS FOR FIRE TO KNOW WHAT APPLIES. (CB)

·        EHS still requiring “Temp. Special Event” permits for public gatherings in established County parks?

Special Event Permit - REQUIRED IF EVENT EXCEEDS RESTROOM/PARKING/ETC. CAPACITIES – EVEN FOR REGIONAL PARKS. (CB)

Comment was made that only regional parks with appropriate facilities for such function will be allowed to hold events without temporary use permit applications. (RS)

 

 

 

 

By: Chuck bell for LVEDA and Richard Selby for LUAC to the LVMAC July 14, 2009

Revised July 22, 2009 by Richard Selby

Revised July 27, 2009 by Richard Selby

Revised August 5, 2009 by Richard Selby

Revised August 25, 2009 by Chuck Bell & Richard Selby